Navigating the UK’s New Flexible Working Act: A 2024 HR Guide

Jane Amphlett, Head of Employment, and Annie Long, Solicitor at Howard Kennedy LLP, discuss the impact of the Employment Relations (Flexible Working) Act 2024, which came into force in April. This new legislation reflects the seismic shift in working patterns, particularly post-pandemic, and makes significant changes to the existing flexible working regime in the UK.

Key Changes in the Flexible Working Legislation

The new Act introduces several important changes:

1. Day One Right: All employees can now request flexible working from their first day of employment, eliminating the previous 26-week continuous service requirement.
2. Increased Frequency of Requests: Employees can make two flexible working requests per year, up from the previous limit of one.
3. Shorter Response Time: Employers now have two months to respond to requests, reduced from three months, although a longer period can be agreed upon.
4. Simplified Request Process: Employees no longer need to explain the impact of their request on their employer or suggest ways to address this impact.
5. Mandatory Consultation: Employers must consult with employees before rejecting their request, although the legislation does not specify minimum standards for this consultation.

The Acas Code of Practice

Alongside the legislative changes, a new ACAS Code of Practice has been introduced. Key points include:

• Encouraging employers to take a positive approach to flexible working requests.
• Providing recommendations for fair process, including how to conduct meetings and appeals.
• Advising employers to discuss implementation even when accepting a request.

Tribunals can consider any failure to follow the Code when determining claims for breaches of statutory rights.

Challenges and Considerations for Employers

Amphlett and Long highlight several challenges and considerations for employers:

1. Increased Requests: Employers may face a higher volume of requests and need to handle them within a shorter timeframe.
2. Office Return Policies: Blanket requirements for office work may lead to more flexible working requests and make refusals more difficult to justify.
3. Robust Decision-Making: Employers should ensure their reasons for rejecting requests are well-considered, robust, and specific to each application.
4. Wider Legal Considerations: Employers must be mindful of potential discrimination issues, particularly for employees with disabilities or caring responsibilities.
5. Potential Risks: While remedies for procedural failings under the flexible working regime are capped, discrimination claims have no such cap and can involve significant time, resources, and reputational risks.

Recommendations for Employers

To navigate these changes effectively, Amphlett and Long recommend that employers:

1. Update policies and practices to reflect the new requirements and ACAS Code recommendations.
2. Define role-specific requirements for office presence and availability.
3. Consider how to address flexible working during recruitment and probation periods.
4. Identify and train personnel responsible for managing flexible working requests.
5. Implement a system for forwarding all requests to trained handlers to ensure consistency and fairness.
6. Train all managers on identifying requests and understanding the statutory flexible working scheme.

Conclusion

The new flexible working regime provides an opportunity for employers to create more inclusive workplaces and access wider talent pools. By carefully considering and accommodating flexible working requests where possible, employers can gain a competitive edge in attracting and retaining talent while increasing employee engagement.

Amphlett and Long emphasise that employers should view these changes as an opportunity to enhance their workplace practices. By implementing robust systems to manage requests and adopting a positive approach to flexible working, organisations can create fairer, more inclusive work environments that benefit both employees and the business as a whole.